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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Monument Credit Card


richmulch
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Has anyone actually successfully claimed all teh money back that they aree owed from Monument which is part of Barclays!! Ive seen plenty of people accept offers but no one who has got the full amount im currently chasing them for £1100 they offered £497 as final response!!!! Just about to do MCOl but would like to hear from other who have claimed back from them??

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I just received a letter from monument this morning offering me half of the money they owe.

 

I have read on this forum that some companies do that and that we shouldn't accept it as ful repayment, but part.

 

I intend to reply and accept as part payment and will be looking for the letter to send that is in this forum. I suggest you do the same.

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Take it from somebody who WENT to court yesterday (monday) after a successful conclusion to a barclaycard claim (on friday)....

 

you will win

 

innocent vs barclaycard

 

 

(Days away from submitting MONUMENT contractual interest claim, after LBA deadline)

 

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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Take it from somebody who WENT to court yesterday (monday) after a successful conclusion to a barclaycard claim (on friday)....

 

you will win

 

innocent vs barclaycard

 

 

(Days away from submitting MONUMENT contractual interest claim, after LBA deadline)

 

 

Innocent :D

 

I dont have to go to court now, I got a letter on Saturday saying that it is not cost affective blah blah blah and they will pay up. :)

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excellent...just about to start with monument.

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Agreed...

 

 

late and overlimit fees

 

 

all shown on the statements

 

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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Was it easy for you to get your statements back Innocent?

 

I've not used my card in nearly 3 years and have no statements at all.

 

Cheers

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Very easy....

 

I used the template letter here and did enclose £10 which they kept and ultimately is unrecoverable....

 

 

And all my statements (or "subject access requests": see template) have been provided within the 40day maximum period....

 

 

Hope this helps

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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that's great, cheers

 

I was a bit worried as I haven't used the card in so long that it might cause problems. I've got a letter they sent me in January (I haven't had a statement or used the card in years) tellng me that they've cut my limit from £6,000 to £250.

 

I'll post the SAR off to there.

 

Thanks for your help

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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If you claim between 3 years ago and 6 years ago this is fine...(there are some threads here that suggest that you can probably go beyond this 6 year max too)

 

 

They probably cut your limit because you haven't used it or something...

 

 

Have fun :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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  • 4 weeks later...

I never got any statements for a year! and when I rang each month to check the balance it always said I was under and I had a DD... came as a bit of a shock to find £165 added to my account over the £500 limit! it took two years to find out that they had added a annual charge - obviously didn't know as they ignored my 15+ letters sent to them and numerous phone calls. why didn't my DD increase for the extra amount... and why not tell me when I called them??? :confused:

I asked to set up a payment plan and they said no and put the phone down!

I've been making regular payments (£65 for 8 months then lower amounts as I dont' see why I should pay this - I don't mind paying what I owe but not an 'imaginary' amount) AND in two years it has not gone down from £835!:mad:

sending 2nd letter today by registered post. glad to hear that people are getting the full amount back when going to court or a week before. :D

 

good luck all and let me know how you get on!

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  • 4 weeks later...

I've waited 8 weeks now and they have not provided any statements at all they have however took the £10 I sent for the SAR and then offered me £131.

 

I have now sent a very stongly worded letter giving them 7 days to send my statements or I will report and take to court to force a compliance.

 

Foolishly I thought I would play along with them but not anymore if they want a fight they can damn well have one.

 

These guys are a complete joke and by the looks think that wasting time will discourage people from pursuing them.

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i didn't get statements, but i got a list of charges within a couple of weeks. And they haven't cashed my SAR cheque.

 

Strange bunch

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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I have had the same problem with monument. I sent a S.A.R. request and all they sent me about a week ago was a sheet of paper with about 7 charges dated from 2000 to 2007 nothing else. I have written back to them re non-compliance and they have about another week left to send the correct info. You will see from reading other Monument threads that they seem to be burying their heads particularly with CCA requests you just have to keep on at them because as I have told them I am right and they are 100% wrong and see you in court Monument if I have to

Mrs H

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sorry Dotty, I could be missing the point, but isn't that all you need?

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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What did you guys write on your court claim... I'll be using my claim online and it asks for info -

 

what sort of info in 'particulars of claim'. do I just put:

 

Illegal Charges on Monument Credit Card. This company never sent statements for a year, ignored phone calls and terminated calls when asked why charges of £180 added to account, I asked can I pay installments, they said no and added more charges. sent 22 letters no response to any.

 

or is is more technical stuff! new to court stuff so rather nervous!

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sorry Dotty, I could be missing the point, but isn't that all you need?

 

No the S.A.R. specifically requests a "list of transactions and charges" now I know that on my account they have been charging me around £20/25 per month "payment break" I know for a fact that I never signed/agreed to this and want to claim it back. It should also show the interest paid and I know for a fact that my account has now been transfered to a DCA the request asks for details of any manual intervention this has not been shown. Finally the list of charges they have sent me ends in Decemver 2006 and i know for a fact (they have still been sending me statements) further charges have been added since then. Be very careful to check the details that they send you because from reading round on the forum some CCC have been missing of information and charges that people know have been added ie they have kept some old statements. They need to comply fully with your request not just send you what they want you to see. You are entitled to see ALL information about your account.

Mrs H

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What did you guys write on your court claim... I'll be using my claim online and it asks for info -

 

what sort of info in 'particulars of claim'. do I just put:

 

Illegal Charges on Monument Credit Card. This company never sent statements for a year, ignored phone calls and terminated calls when asked why charges of £180 added to account, I asked can I pay installments, they said no and added more charges. sent 22 letters no response to any.

 

or is is more technical stuff! new to court stuff so rather nervous!

 

There is full guidance elsewhere here but all that is relevant is that they charged you. Nothing else.

 

You should say that charges of £180 have been applied which you believe are in excess of the true cost to Monument for managing the breach of your agreement with them, contrary to the Unfair Terms in Consumer Credit Regulations 1999.

 

The charges are not illegal, they are unlawful.

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Hi

I've sent this now... not the wording in my earlier post but I finally found a template to use which had far better wording than me!!

 

I got a letter yesterday and it does list the court as Nottingham but I've heard on the grapevine that if I do have to attend court I can apply for one in London.

 

thanks for your help

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